Report No. MM 98-5 MASS MEDIA ACTION April 2, 1998
FCC PROPOSES MEASURES TO STREAMLINE BROADCAST APPLICATION AND
LICENSING PROCESS, SEEKS COMMENT ON MANDATORY ELECTRONIC FILING
(MM Docket 98-43 )
The FCC today proposed to (1) streamline broadcast application and licensing procedures,
(2) reduce licensee administrative and filing requirements and (3) eliminate rules and procedures
that no longer advance key regulatory objectives. The Commission also sought comment on
whether to mandate electronic filing for broadcast application and reporting forms.
In a Notice of Proposed Rulemaking issued today, the Commission said its streamlining
goals are to preserve the public's ability to participate fully in the FCC broadcasting licensing
process, reduce unwarranted applicant and licensee burdens and realize fully the benefits of the
Mass Media Bureau's current electronic filing initiative.
These proposals are premised on the Commission's belief that it can prudently increase its
reliance on applicant certifications. It said that this change in regulatory approach will be
accompanied by a new, formal program of random audits to ensure compliance with the
Commission's rules. The Commission emphasized its commitment to severely sanction those
applicants that fall short of discharging their obligations of full disclosure and candor.
Although not required by statute, this initiative is undertaken in conjunction with the
FCC's ongoing 1998 biennial regulatory review.
Streamlining actions taken today include:
* Seeking comment on whether to require mandatory electronic filing of 16 key broadcast
application and reporting forms, including assignment and transfer forms, and applications for new
commercial stations and modifications to licensed facilities. The FCC said that it could maximize
resource savings and efficiencies through mandatory electronic filing. The NPRM seeks
comment on whether, if mandatory filing is adopted, the FCC should establish an exemption for
small businesses or other qualifying entities and whether to phase-in mandatory electronic filing to
minimize any disruption resulting from any new requirements requiring electronic filing.
* A proposal to substantially revise and shorten forms that replace certain narrative
exhibits with certifications. The proposed forms contain expanded instruction materials, including
worksheets to assist applicants in certifying compliance with the Commission's rules and policies,
and delete questions of marginal utility.
* Proposals to eliminate the requirement that sales contracts be filed as part of assignment
and transfer applications, substitute a certification that the agreement complies with the
Commission's policies and require that applicants place copies of such agreements in the station's
public inspection file.
* A proposal to eliminate payment restrictions on the sale of unbuilt stations. This
proposal covers both outstanding construction permits and permits obtained as a result of
competing applicant settlements facilitated by Section 309(l)(3) of the Balanced Budget Act of
1997.
* Proposals to eliminating several rules that placed unwarranted filing burdens on
commercial new station and facility change applicants.
* Proposals to make fundamental changes in the construction permit extension policy by
increasing the authorized construction period provided in an initial construction permit to three
years for all broadcasting facilities, including new facilities and modifications to licensed facilities,
but substantially narrowing the grounds for construction permit extensions.
* A proposal to consider options to expedite the processing of pro forma assignment and
transfer applications, consistent with statutory restrictions. The Notice invites comment as to
whether the Communications Act bars the Commission from eliminating prior consent
requirements for certain pro forma transfers and assignments which are routinely granted by the
Commission.
* A proposal to conform commercial and noncommercial station filing requirements to
reduce the requirement for filings of ownership reports to only when stations file their license
renewal applications, at the four-year mid-point of each license term, and within 30 days of the
consummation of an approved transfer or sale.
Action by the Commission April 2, 1998, by Notice of Proposed Rulemaking (FCC 98-
57). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani, with
Commissioner Furchtgott-Roth issuing a separate statement.
- FCC -
News Media Contact: David Fiske (202) 418-0513
Mass Media Bureau Contact: Peter Doyle (202) 418-2780